Family Law Article Index

Understanding Fulton County Divorce Forms.

Everything You Ever Wanted to Know About Family Law in Georgia but were afraid to pay for.

Understanding Fulton County Divorce Forms.

Form dismissing a divorce action.

Reconciliation Agreements
Scherer v. Scherer, 292 SE 2d 662 Ga: Supreme Court 1982

Hague Service Convention

As a general matter, where equitable division of property is in issue, the conduct of the parties, both during the marriage and with reference to the cause of the divorce, is relevant and admissible. (Citations omitted.) Peters v. Peters, 248 Ga. 490, 491-492(2), 283 S.E.2d 454 (1981). Nonetheless, Husband contends that, by remarrying him, Wife condoned his adultery during the first marriage, making evidence of these acts inadmissible. Condonation [, however,] is a conditional forgiveness of all antecedent acts of cruelty. (Citation and punctuation omitted.) Poulos v. Poulos, 226 Ga. 375(1), 174 S.E.2d 925 (1970). Accordingly, acts that may have been condoned in the past may be revived . . . by fresh acts of cruelty. Id. In this case, evidence supported a finding that, during the second marriage, Husband committed further adulterous acts, thereby reviving the prior acts as admissible evidence.
Wood v. Wood, 655 SE 2d 611 Ga: Supreme Court 2008

§ 19-6-5. Factors in determining amount of alimony; effect of remarriage on obligations for alimony

(a) The finder of fact may grant permanent alimony to either party, either from the corpus of the estate or otherwise. The following shall be considered in determining the amount of alimony, if any, to be awarded:

(1) The standard of living established during the marriage;

(2) The duration of the marriage;

(3) The age and the physical and emotional condition of both parties;

(4) The financial resources of each party;

(5) Where applicable, the time necessary for either party to acquire sufficient education or training to enable him to find appropriate employment;

(6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party;

(7) The condition of the parties, including the separate estate, earning capacity, and fixed liabilities of the parties; and

(8) Such other relevant factors as the court deems equitable and proper.

(b) All obligations for permanent alimony, however created, the time for performance of which has not arrived, shall terminate upon remarriage of the party to whom the obligations are owed unless otherwise provided.

HISTORY: Laws 1806, Cobb s 1851 Digest, pp. 224, 225; Code 1863, § 1676; Code 1868, § 1719; Code 1873, § 1720; Code 1882, § 1720; Civil Code 1895, § 2435; Civil Code 1910, § 2954; Code 1933, § 30-209; Ga. L. 1966, p. 160, § 1; Ga. L. 1979, p. 466, § 14; Ga. L. 1981, p. 615, § 1; Ga. L. 1982, p. 3, § 19.